In Addition

In Addition

Office of the Attorney General

Notice of Settlement

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Clean Air Act. Before the State may settle a judicial enforcement action, pursuant to the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act.

Case Title and Court: Settlement Agreement in Harris County, Texas and the Texas Commission on Environmental Quality v. Louisiana Gas Development Corporation; Cause No. 2008-26210, 127th Judicial District, Harris County, Texas.

Background: This suit alleges violations of the Texas Clean Air Act resulting from the blow out of a natural gas well in Harris County, Texas. The Defendant is Louisiana Gas Development Corporation. The suit seeks injunctive relief, civil penalties, attorney's fees and court costs. The Clean Air Act violations are for air nuisance and for the emission of air contaminants.

Nature of Settlement: The settlement awards $42,000.00 in civil penalties split between the State and Harris County. The settlement awards $4,000.00 in attorney's fees to the State and $4,000.00 in attorney's fees to Harris County.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgments, and written comments on the proposed settlement should be directed to Vanessa Puig-Williams, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered.

For further information regarding this publication, contact Cindy Hodges, Agency Liaison, at (512) 936-1841.

TRD-200803061

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: June 13, 2008

Notice of Settlement

Case Title and Court: Settlement Agreement in Harris County, Texas and the State of Texas v. Intercontinental Terminals Company, L.L.C.; Cause No. 2007-28175, 157th Judicial District, Harris County, Texas.

Background: This suit alleges violations of the Texas Clean Air Act resulting from emissions of air contaminants from a petrochemical handling and storage plant in Harris County, Texas. The Defendant is Intercontinental Terminals Company, L.L.C. The suit seeks injunctive relief, civil penalties, attorney's fees and court costs. The Clean Air Act violations are for air nuisance and for the emission of air contaminants.

Nature of Settlement: The settlement awards $43,500.00 in civil penalties split between the State and Harris County. The settlement awards $4,000.00 in attorney's fees to the State and $4,000.00 in attorney's fees to Harris County. The Agreed Final Judgment requires the Defendant to comply with the notification requirements under 30 Texas Administrative Code §101.201 and §327.3. It also requires the Defendant to develop and implement measures designed to prevent unauthorized emissions and to improve reporting procedures, and requires the Defendant to submit a copy of this report to the State and Harris County.

For further information regarding this publication, contact Cindy Hodges, Agency Liaison, at (512) 936-1841.

TRD-200803062

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: June 13, 2008

Comptroller of Public Accounts

Notice of Contract Award

Pursuant to Chapter 2101, Subchapter C, Texas Government Code; Chapter 2254, Subchapter B, Texas Government Code; and Chapter 403, Subchapter C, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the award of the following contract:

A contract is awarded to Salvaggio, Teal & Associates PMB 179, 4815 West Braker Lane, Suite 502, Austin, Texas 78759. The total amount for the contract is $356,052. The term of the contract is June 16, 2008 through December 31, 2008.

The Comptroller's Request for Proposals (RFP #184a) related to this contract award was published in the April 18, 2008, issue of the Texas Register (33 TexReg 3324).

TRD-200803110

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: June 17, 2008

Notice of Request for Proposals

Pursuant to Chapter 2254, Subchapter B, and §403.301 and §403.3011, Texas Government Code; §5.102, Property Tax Code; and Chapter 271, Local Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP #187a) from qualified, independent firms to provide pooled consulting services to Comptroller. The successful respondent(s) will assist Comptroller in conducting Appraisal Standards Reviews (ASR) of up to thirty (30) county appraisal districts throughout the state on an as-needed, as requested basis. Comptroller reserves the right to select multiple contractors to participate in conducting the ASRs on a "pooled" basis, as set forth in the Request for Proposals (RFP). The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about September 8, 2008, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM 200M, Austin, Texas 78774 (Issuing Office), telephone number: (512) 305-8673, to obtain a copy of the RFP. Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick-up at the above-referenced address on Friday, June 27, 2008, after 10 a.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller also made the complete RFP available electronically on the Electronic State Business Daily at: http://esbd.cpa.state.tx.us after 10 a.m. (CZT) on Friday, June 27, 2008.

Non-Mandatory Letters of Intent and Questions: All Non-Mandatory Letters of Intent and questions regarding the RFP must be sent via facsimile to Mr. Harris at: (512) 463-3669, not later than 2:00 p.m. (CZT), on Friday, July 11, 2008. Official responses to questions received by the foregoing deadline will be posted electronically on the Electronic State Business Daily no later than Friday, July 18, 2008, or as soon thereafter as practical. Non-Mandatory Letters of Intent or Questions received after the deadline will not be considered. Respondents shall be solely responsible for confirming the timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.

Closing Date: Proposals must be received in the Assistant General Counsel's Office at the address specified above (ROOM 200M) no later than 2 p.m. (CZT), on Friday, July 25, 2008. Proposals received after this time and date will not be considered. Proposals will not be accepted from respondents that do not submit proposals by the foregoing deadline. Respondents shall be solely responsible for confirming the timely receipt of proposals in the Issuing Office.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. Comptroller will make the final decision regarding the award of master contracts for assignments from the pool selected, if any. Comptroller reserves the right to award one or more contracts under this RFP. Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is under no legal or other obligation to execute any contracts on the basis of this notice or the distribution of any RFP. Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - June 27, 2008, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - July 11, 2008, 2 p.m. CZT; Official Responses to Questions Posted - July 18, 2008, or as soon thereafter as practical; Proposals Due - July 25, 2008, 2 p.m. CZT; Contract Execution - August 28, 2008, or as soon thereafter as practical; Commencement of Project Activities - September 8, 2008, or as soon thereafter as practical.

TRD-200803106

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: June 17, 2008

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009, and 304.003, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/23/08 - 06/29/08 is 18% for Consumer¹ /Agricultural/Commercial²/credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/23/08 - 06/29/08 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 07/01/08 - 07/31/08 is 5.00% for Consumer/Agricultural/Commercial/credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 07/01/08 - 07/31/08 is 5.00% for Commercial over $250,000.

¹Credit for personal, family or household use.

²Credit for business, commercial, investment or other similar purpose.

TRD-200803139

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: June 18, 2008

Credit Union Department

Application for a Merger or Consolidation

Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:

An application was received from Texas Telcom Credit Union (Dallas) seeking approval to merge with Union Pacific & Transportation Employees Federal Credit Union (Dallas). Texas Telcom Credit Union will be the surviving credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200803120

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 18, 2008

Application to Amend Articles of Incorporation

Notice is given that the following application has been filed with the Credit Union Department and is under consideration:

An application for a name change was received from Galleria Credit Union, Dallas, Texas. The credit union is proposing to change its name to Prestige Community Credit Union.

TRD-200803121

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 18, 2008

Applications to Expand Field of Membership

Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:

An application was received from InvesTex Credit Union, Houston, Texas to expand its field of membership. The proposal would permit persons who live or work within a 10-mile radius of the InvesTex Credit Union offices located at 905 Aldine Bender, Houston, Texas 77032, 230 Cypresswood, Spring, Texas 77388, 5444 Atascocita Rd., Suite 108, Humble, Texas 77346, 900 Wunsche Loop, Spring, Texas 77373, 24922 Tomball Parkway, Suite 100, Tomball, Texas 77375, and 811 North Loop West, Houston, Texas 77008, to be eligible for membership in the credit union.

An application was received from DATCU, Denton, Texas to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school in and businesses and other legal entities located in the city of Coppell, Texas, to be eligible for membership in the credit union.

An application was received from First Service Credit Union, Houston, Texas to expand its field of membership. The proposal would permit employees of The Dump who work in or are paid from Houston, Texas, to be eligible for membership in the credit union.

An application was received from Metroplex Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit persons who live, worship, attend school or work within a 10-mile radius of our principal office located at 2501 E. Hebron Parkway, Carrollton, Texas, to be eligible for membership in the credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200803119

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 18, 2008

Notice of Final Action Taken

In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following applications:

Applications to Expand Field of Membership - Approved

Cooperative Teachers Credit Union, Tyler, Texas (#1 and #2) - See Texas Register issue dated March 28, 2008.

Firstmark Credit Union, San Antonio, Texas - See Texas Register issue dated March 28, 2008.

First Service Credit Union, Houston, Texas (#1 and #2) - See Texas Register issue dated April 25, 2008.

Articles of Incorporation - 50 Years to Perpetuity - Approved

Highway District 2 Credit Union, Fort Worth, Texas

TRD-200803122

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 18, 2008

East Texas Council of Governments

Request for Proposals for Information and Communication Technology Provider

The East Texas Council of Governments (ETCOG) is issuing a Request for Proposals (RFP) to select a credentialed Information and Communication Technology (ICT) provider. There are twelve (12) ICT functions listed in the RFP. The RFP is available to view online at www.etcog.org. Proposals are due to ETCOG on August 4, 2008 at 5:00 p.m. CST.

NOTE: Any corrections, alterations or answers to questions concerning the RFP will be posted at the aforementioned web site. It is the responsibility of the proposer to review the web site periodically for corrections, alterations or answers to questions.

ETCOG is an Equal Opportunity Employer. Auxiliary aids and services are available upon request. Telephone: (903) 984-8641 or TDD (800) 725-2989.

TRD-200803081

David A. Cleveland

Executive Director

East Texas Council of Governments

Filed: June 16, 2008

Employees Retirement System of Texas

Request for Qualifications - Corporate Governance Services

The Employees Retirement System of Texas ("ERS") is seeking to identify one or more qualified vendors ("Vendors") and is soliciting applications for this project ("Project"), which is comprised of three parts as follows: (i) independent securities litigation auditing and monitoring services; (ii) independent U.S. and Non-U.S. individual company corporate governance ratings research; and (iii) independent U.S. and Non-U.S. proxy research, vote advisory and related services. Qualified Vendors may respond to one or more parts of the Project.

Qualified Vendors wishing to respond to the Request for Qualifications ("RFQ") should have the ability to provide one or more of the following services: Independent U.S. and Non-U.S. proxy voting research, advisory and individual public company corporate governance rating services, web-based proxy voting platform, record date notifications, shares on loan information related to proxy voting, web-based proxy vote disclosure and rationale, corporate governance and securities litigation policy development advisory services, independent securities class action litigation auditing and monitoring services, and other independent corporate governance research services and customer service and support as necessary for the ERS Board of Trustees ("Board") to perform its fiduciary duties.

It is anticipated that the (i) independent securities class action litigation auditing and monitoring ("Independent Securities Litigation Auditing and Monitoring Services") will begin on or after September 1, 2008; the (ii) independent global corporate governance ratings research subscription ("Independent Corporate Governance Ratings Research") will begin on or after September 1, 2008; and the (iii) independent proxy voting research, vote disclosure and related services ("Independent Proxy Voting Services") will begin on or after January 1, 2009.

ERS will base its evaluation and selection of the firm(s) on factors that are in the best interest of ERS, including, but not limited to criteria outlined in this notice and in the RFQ, such as the following, which are not necessarily listed in order of priority: compliance with the RFQ; qualifications of the proposed professional staff; technical expertise, including experience with providing similar corporate governance services to other public pension funds of a similar size to ERS or larger; the quality of the response, including the demonstration of a clear understanding of the scope of the work as well as the appropriateness and adequacy of proposed cost of the services; and other factors deemed appropriate by ERS.

ERS reserves the right to reject any response submitted which is not timely or does not meet the criteria specified in this notice and in the RFQ. ERS is under no legal requirement to execute a contract on the basis of this notice. ERS will not pay any costs incurred by any firm in responding to this notice or RFQ or in connection with the preparation thereof.

A copy of the complete RFQ can be obtained from ERS on or after June 27, 2008. To request a copy of the RFQ or for additional information, please contact Kelly Gonzales at ERS at (512) 867-7199, or by e-mail at kelly.gonzales@ers.state.tx.us. The deadline for receipt of responses by ERS is 4:00 p.m. on July 28, 2008.

TRD-200803144

Paula A. Jones

General Counsel

Employees Retirement System of Texas

Filed: June 18, 2008

Texas Commission on Environmental Quality

Enforcement Orders

An agreed order was entered regarding West Jefferson County Municipal Water District, Docket No. 2005-1044-PWS-E on June 10, 2008 assessing $1,510 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Dana Shuler, Enforcement Coordinator at (512) 239-2505, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding John Tamez dba Plastics International North, Docket No. 2005-1274-MSW-E on June 10, 2008 assessing $21,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Ron Edwards dba Tawakoni Stop II, Docket No. 2005-1378-PST-E on June 10, 2008 assessing $2,565 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca Combs, Staff Attorney at (512) 239-6939, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Prince A, Inc., Docket No. 2005-1476-PST-E on June 10, 2008 assessing $5,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jacquelyn Boutwell, Staff Attorney at (512) 239-5846, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Taufiq H. Ahmed dba Comet Cleaners, Docket No. 2006-0938-DCL-E on June 10, 2008 assessing $889 in administrative penalties.

A default order was entered regarding Mubeen Enterprise, Inc. dba Spotless Cleaners, Docket No. 2006-1251-DCL-E on June 10, 2008 assessing $1,185 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mary Coleman, Staff Attorney at (817) 588-5917, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Tuan Ngoc Nguyen dba Memorial Cleaners, Docket No. 2006-1271-DCL-E on June 10, 2008 assessing $1,185 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Patrick Jackson, Staff Attorney at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding K. B. Master Cleaners, Inc. dba KB Master Cleaners, Docket No. 2006-1408-DCL-E on June 10, 2008 assessing $1,185 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Dinniah Chahin, Staff Attorney at (512) 239-6501, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Motiva Enterprises, LLC, Docket No. 2006-1513-AIR-E on June 10, 2008 assessing $368,445 in administrative penalties with $73,689 deferred.

Information concerning any aspect of this order may be obtained by contacting Daniel Siringi, Enforcement Coordinator at (409) 899-8799, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Tootsie S. Farris dba E & A Energy, Docket No. 2006-1683-PST-E on June 10, 2008 assessing $9,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mary Hammer, Staff Attorney at (512) 239-2496, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Felipe Posada dba Key Road Subdivision Water Supply, Docket No. 2006-1698-PWS-E on June 10, 2008 assessing $3,098 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tracy Chandler, Staff Attorney at (512) 239-0629, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Haider A. Inc. dba Stop In Food Mart, Docket No. 2006-1928-PST-E on June 10, 2008 assessing $4,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Patrick Jackson, Staff Attorney at (512) 239-6501, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Wilke Tire Service, Inc., Docket No. 2006-2059-MSW-E on June 10, 2008 assessing $5,250 in administrative penalties.

A default order was entered regarding Naseer Ahmad dba Super Stop 3, Docket No. 2007-0094-PST-E on June 10, 2008 assessing $4,110 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tracy Chandler, Staff Attorney at (512) 239-0629 Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding John L. Moore, Docket No. 2007-0271-WOC-E on June 10, 2008 assessing $675 in administrative penalties with $135 deferred.

Information concerning any aspect of this order may be obtained by contacting Richard Croston, Enforcement Coordinator at (512) 239-5717, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Equistar Chemicals, LP, Docket No. 2007-0493-AIR-E on June 10, 2008 assessing $228,720 in administrative penalties with $45,742 deferred.

Information concerning any aspect of this order may be obtained by contacting Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Canyon Vista Custom Homes, LLC, Docket No. 2007-0600-WQ-E on June 10, 2008 assessing $1,050 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gary Shiu, Staff Attorney at (713) 422-8916, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CCRS-Consolidated Construction Recycling Services, Ltd., Docket No. 2007-0858-MSW-E on June 10, 2008 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting Marlin Bullard, Enforcement Coordinator at (713) 767-3694, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding The Shredder Company, LLC, Docket No. 2007-0960-AIR-E on June 10, 2008 assessing $40,560 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kathleen Decker, Staff Attorney at (512) 239-6500, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Sport Auto Enterprise, Inc., Docket No. 2007-1015-AIR-E on June 10, 2008 assessing $500 in administrative penalties with $100 deferred.

Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Sand Express, L.P., Docket No. 2007-1063-AIR-E on June 10, 2008 assessing $4,040 in administrative penalties with $808 deferred.

Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator at (361) 825 3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Ofelia Bosquez, Docket No. 2007-1277-AIR-E on June 10, 2008 assessing $1,120 in administrative penalties with $224 deferred.

Information concerning any aspect of this order may be obtained by contacting Libby Hogue, Enforcement Coordinator at (512) 239-1165, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Robert Lerma, Jr. and Marta Villarreal dba G S I II, Docket No. 2007-1294-AIR-E on June 10, 2008 assessing $5,750 in administrative penalties with $1,150 deferred.

An agreed order was entered regarding Stripes LLC Stripes 2167, Docket No. 2007-1446-PST-E on June 10, 2008 assessing $11,350 in administrative penalties with $2,270 deferred.

Information concerning any aspect of this order may be obtained by contacting Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Viridis Energy (Texas), LP, Docket No. 2007-1475-AIR-E on June 10, 2008 assessing $7,455 in administrative penalties with $1,491 deferred.

Information concerning any aspect of this order may be obtained by contacting Roshondra Lowe, Enforcement Coordinator at (713) 767-3553, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Valero Refining-Texas, L.P., Docket No. 2007-1512-AIR-E on June 10, 2008 assessing $8,600 in administrative penalties with $1,720 deferred.

Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, Enforcement Coordinator at (713) 422-8931, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Thomas M. Thorp dba Thorp's Laun-Dry, Docket No. 2007-1554-IHW-E on June 10, 2008 assessing $5,450 in administrative penalties with $1,090 deferred.

Information concerning any aspect of this order may be obtained by contacting Colin Barth, Enforcement Coordinator at (512) 239-0086, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Robert L. Weaver, Docket No. 2007-1557-WOC-E on June 10, 2008 assessing $2,250 in administrative penalties with $450 deferred.

Information concerning any aspect of this order may be obtained by contacting Tom Jecha, Enforcement Coordinator at (512) 239-2576, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ExxonMobil Oil Corporation, Docket No. 2007-1606-AIR-E on June 10, 2008 assessing $10,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Aaron Houston, Enforcement Coordinator at (409) 899-8784, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Merisol USA LLC, Docket No. 2007-1621-AIR-E on June 10, 2008 assessing $6,250 in administrative penalties with $1,250 deferred.

An agreed order was entered regarding City of The Colony, Docket No. 2007-1622-MWD-E on June 10, 2008 assessing $51,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator at (254) 761-3048, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Graham, Docket No. 2007-1624-MWD-E on June 10, 2008 assessing $3,600 in administrative penalties with $720 deferred.

Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Gulf Chemical & Metallurgical Corporation, Docket No. 2007-1631-IHW-E on June 10, 2008 assessing $3,600 in administrative penalties with $720 deferred.

Information concerning any aspect of this order may be obtained by contacting Clinton Sims, Enforcement Coordinator at (512) 239-6933, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Mason, Docket No. 2007-1654-MSW-E on June 10, 2008 assessing $11,550 in administrative penalties with $2,310 deferred.

An agreed order was entered regarding Aguado Stone Incorporated, Docket No. 2007-1667-WQ-E on June 10, 2008 assessing $2,500 in administrative penalties with $500 deferred.

An agreed order was entered regarding City of Rising Star, Docket No. 2007-1728-WQ-E on June 10, 2008 assessing $2,700 in administrative penalties with $540 deferred.

An agreed order was entered regarding City of Streetman, Docket No. 2007-1729-MWD-E on June 10, 2008 assessing $4,805 in administrative penalties with $961 deferred.

An agreed order was entered regarding ConocoPhillips Company, Docket No. 2007-1730-AIR-E on June 10, 2008 assessing $26,225 in administrative penalties with $5,245 deferred.

An agreed order was entered regarding American Plant Food Corporation, Docket No. 2007-1732-WQ-E on June 10, 2008 assessing $3,150 in administrative penalties with $630 deferred.

An agreed order was entered regarding Joe Johnson dba B & J Sand and Gravel, Docket No. 2007-1754-WQ-E on June 10, 2008 assessing $2,100 in administrative penalties with $420 deferred.

An agreed order was entered regarding The Dow Chemical Company, Docket No. 2007-1756-AIR-E on June 10, 2008 assessing $44,450 in administrative penalties with $8,890 deferred.

Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Anjum Investments, L.P. dba Star Travel Plaza, Docket No. 2007-1757-PST-E on June 10, 2008 assessing $11,600 in administrative penalties with $2,320 deferred.

An agreed order was entered regarding City of Waco, Docket No. 2007-1758-PWS-E on June 10, 2008 assessing $322 in administrative penalties with $64 deferred.

Information concerning any aspect of this order may be obtained by contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator at (512) 239-1482, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Jimmy Doan, Docket No. 2007-1759-PST-E on June 10, 2008 assessing $10,500 in administrative penalties with $2,100 deferred.

Information concerning any aspect of this order may be obtained by contacting Elvia Maske, Enforcement Coordinator at (512) 239-0789, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Patrick Y. Shin dba Douglas Cleaners, Docket No. 2007-1780-DCL-E on June 10, 2008 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting John Shelton, Enforcement Coordinator at (512) 239-2563, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Eastman Chemical Company, Docket No. 2007-1787-AIR-E on June 10, 2008 assessing $10,000 in administrative penalties with $2,000 deferred.

Information concerning any aspect of this order may be obtained by contacting James Nolan, Enforcement Coordinator at (512) 239-6634, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mae Dell Tondre dba Tondre Water System, Docket No. 2007-1824-PWS-E on June 10, 2008 assessing $1,725 in administrative penalties.

An agreed order was entered regarding Katy Sun Parks, Ltd., Docket No. 2007-1834-PWS-E on June 10, 2008 assessing $3,350 in administrative penalties with $670 deferred.

Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (210) 490-4077, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ExxonMobil Oil Corporation dba Mobil Chemical Company, Docket No. 2007-1840-IWD-E on June 10, 2008 assessing $5,740 in administrative penalties with $1,148 deferred.

Information concerning any aspect of this order may be obtained by contacting Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Zam, Inc. dba Circle A Grocery, Docket No. 2007-1846-PST-E on June 10, 2008 assessing $12,500 in administrative penalties with $2,500 deferred.

An agreed order was entered regarding Primarily Primates, Docket No. 2007-1859-WQ-E on June 10, 2008 assessing $1,050 in administrative penalties with $210 deferred.

Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Chevron Phillips Chemical Company LP, Docket No. 2007-1861-AIR-E on June 10, 2008 assessing $10,000 in administrative penalties with $2,000 deferred.

Information concerning any aspect of this order may be obtained by contacting Bryan Elliott, Enforcement Coordinator at (512) 239-6162, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lyondell Chemical Company, Docket No. 2007-1866-AIR-E on June 10, 2008 assessing $10,200 in administrative penalties with $2,040 deferred.

Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Amy Investment Inc. dba Corner Stop, Docket No. 2007-1870-PST-E on June 10, 2008 assessing $1,940 in administrative penalties with $388 deferred.

Information concerning any aspect of this order may be obtained by contacting Wallace Myers, Enforcement Coordinator at (512) 239-6580, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ZZQ Enterprises, Inc. dba Mini Mart Food Store FFP 3840, Docket No. 2007-1887-PST-E on June 10, 2008 assessing $4,725 in administrative penalties with $945 deferred.

An agreed order was entered regarding Southwest-Tex Leasing Co., Inc., Docket No. 2007-1899-AIR-E on June 10, 2008 assessing $1,020 in administrative penalties with $204 deferred.

Information concerning any aspect of this order may be obtained by contacting Sidney Wheeler, Enforcement Coordinator at (512) 239-4969, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding El Paso County, Docket No. 2007-1917-AIR-E on June 10, 2008 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting John Muennink, Enforcement Coordinator at (361) 825-3423, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Avis Rent A Car System, LLC, Docket No. 2007-1925-AIR-E on June 10, 2008 assessing $1,170 in administrative penalties with $234 deferred.

An agreed order was entered regarding Wyler Industrial Works, Inc., Docket No. 2007-1937-AIR-E on June 10, 2008 assessing $920 in administrative penalties with $184 deferred.

An agreed order was entered regarding City of Needville, Docket No. 2007-1955-MWD-E on June 10, 2008 assessing $5,100 in administrative penalties with $1,020 deferred.

Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator at (512) 239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Amerrock Products, LP, Docket No. 2007-1962-AIR-E on June 10, 2008 assessing $3,450 in administrative penalties.

An agreed order was entered regarding Dale M. Sommerfeld, Docket No. 2007-2003-LII-E on June 10, 2008 assessing $250 in administrative penalties with $50 deferred.

An agreed order was entered regarding Hooks Mobile Home Park, Ltd., Docket No. 2007-2020-MWD-E on June 10, 2008 assessing $1,650 in administrative penalties with $330 deferred.

Information concerning any aspect of this order may be obtained by contacting Andrew Hunt, Enforcement Coordinator at (512) 239-1203, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Alba, Docket No. 2008-0012-MWD-E on June 10, 2008 assessing $8,000 in administrative penalties with $1,600 deferred.

An agreed order was entered regarding Valero Refining-Texas, L.P., Docket No. 2008-0014-AIR-E on June 10, 2008 assessing $10,270 in administrative penalties with $2,054 deferred.

An agreed order was entered regarding AAA Sanitation, Inc., Docket No. 2008-0137-SLG-E on June 10, 2008 assessing $750 in administrative penalties with $150 deferred.

A field citation was entered regarding Last Chance Drive In, Docket No. 2006-0927-PST-E on June 10, 2008 assessing $1,750 in administrative penalties.

Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was entered regarding Signature Flight Support Corporation, Docket No. 2008-0027-WQ-E on June 10, 2008 assessing $700 in administrative penalties.

A field citation was entered regarding Granite Construction Company, Docket No. 2008-0032-WR-E on June 10, 2008 assessing $350 in administrative penalties.

A default order was entered regarding Palo Gaucho, Inc., Docket No. 2006-2025-MWD-E on June 6, 2008 assessing $9,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mary E. Coleman, Staff Attorney at (817) 588-5917, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Gregg Dentler & Hugh Doug Dentler dba Dentlers Tire Shop, Docket No. 2005-1052-MSW-E on June 11, 2008 assessing $17,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lena Roberts, Staff Attorney at (512) 239-0019, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Twin Lakes Enterprises, Inc. dba Houston Discount Cleaners and dba 1.25 Dry Clean Super Center, Docket No. 2006-1163-DCL-E on June 6, 2008 assessing $2,370 in administrative penalties.

TRD-200803154

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 18, 2008

Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 28, 2008. Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 28, 2008 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: Ayers' Companies, Inc. dba County Line Truck Stop; DOCKET NUMBER: 2004-0821-PST-E; TCEQ ID NUMBERS: 16431 and RN102430907; LOCATION: 780 East Highway 80, Sunnyvale, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.242(3)(A) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition as specified by the manufacturer and/or any applicable California Air Resources Board (CARB) executive order and free of any defects that would impair the effectiveness of the system; 30 TAC §115.242(5) and THSC, §382.085(b), by failing to make all necessary repairs, replacements, or adjustments to faulty equipment; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment by performing operational tests at least once every 12 months or upon major system replacement or modification, whichever occurs first; 30 TAC §334.8(c)(5)(C), by failing to properly label the underground storage tank (UST) fill pipes according to the UST information provided to the TCEQ on the station's UST registration and self-certification form; 30 TAC §334.49(c)(4) and TWC, §26.3475(d), by failing to inspect and test the corrosion protection system for operability and adequacy of protection within three to six months after installation and once every three years thereafter; 30 TAC §334.54(d)(2), by failing to ensure that a regulated substance has been removed from a UST to a depth of less than 2.5 centimeters or 0.3% by weight of the system at full capacity in order to qualify as an out-of-service tank; 30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475(a), by failing to test a line leak detector at least once per year for performance and operational reliability; 30 TAC §334.50(d)(9)(A)(v) and TWC, §26.3475(c), by failing to report to the TCEQ within 72 hours of the receipt of any inconclusive statistical inventory reconciliation (SIR) analysis report for USTs; PENALTY: $8,740; STAFF ATTORNEY: Ben Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Betty Brown; DOCKET NUMBER: 2005-1856-MLM-E; TCEQ ID NUMBER: RN101976926; LOCATION: 6941 South United States Highway 277, San Angelo, Tom Green County, Texas; TYPE OF FACILITY: pipe and supplies sales facility; RULES VIOLATED: 30 TAC §111.201 and §111.219(7) and THSC, §382.085(b), by failing to comply with the general prohibition of outdoor burning in Texas by conducting the unauthorized burning of municipal solid waste, as documented during an investigation conducted on September 7, 2005; 30 TAC §335.4 and §330.5(c), by failing to prevent the unauthorized collection, handling, storage, or disposal of industrial hazardous and municipal solid waste, as documented during an investigation conducted on September 7, 2005; PENALTY: $6,000; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(3) COMPANY: David P. Derdeyn; DOCKET NUMBER: 2007-0848-WOC-E; TCEQ ID NUMBER: RN103856449; LOCATION: 509 Tejas Road, Jefferson, Marion County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §30.381(b) and §30.5(a) and TWC, §37.003, by failing to obtain a valid public water system operator license prior to performing process duties in the production, treatment, and distribution of public drinking water, as documented on March 13, 2007; PENALTY: $1,875; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(4) COMPANY: Dolores A. Luke dba Little Big Horn Services; DOCKET NUMBER: 2007-0743-MLM-E; TCEQ ID NUMBER: RN101228740; LOCATION: 9700 Little Big Horn Drive, about five miles North of Silbee, Hardin County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §288.20, by failing to develop and maintain a drought contingency plan for the public water supply, as documented on February 13, 2007; 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that will be used to comply with the monitoring requirements as documented on February 13, 2007; 30 TAC §290.42(1), by failing to compile and maintain a thorough and up-to-date plant operations manual for operator review and reference, as documented on February 13, 2007; 30 TAC §290.42(j), by failing to maintain an American National Standards Institute/National Sanitation Foundation (ANSI/NSF) certification for all chemical additives used at the water supply, as documented on February 13, 2007; 30 TAC §290.46(n)(2), by failing to develop and maintain an accurate and up-to-date map of the distribution system so that all valves and mains can be easily located in an emergency, as documented on February 13, 2007; 30 TAC §290.46(d)(2)(A) and §290.110(b)(4) and THSC, §341.0315(c), by failing to maintain a minimum chlorine residual of 0.2 milligrams per liter (mg/L) of free chlorine throughout the distribution system at all times, as documented on February 13, 2007 and February 22, 2007; 30 TAC §290.41(c)(3)(J), by failing to provide a concrete sealing block for the water system's well that extends a minimum of three feet from the well head in all directions, as documented on February 13, 2007; 30 TAC §290.46(m)(4), by failing to maintain all water treatment units, storage, and pressure maintenance facilities, distribution system lines, and related appurtenances in a watertight condition, as documented on February 13, 2007; 30 TAC §290.45(b)(1)(A)(i) and THSC, §341.0315(c), by failing to provide a minimum well capacity of 1.5 gallons per minute (gpm) per connection, as documented on February 13, 2007; 30 TAC §290.45(b)(1)(A)(ii) and THSC, §341.0315(c), by failing to provide a minimum pressure tank capacity of 50 gallons per connection, as documented on February 13, 2007; 30 TAC §290.46(f)(2) and (3), by failing to maintain the water system's operational records and make those records available to commission personnel at the time of the February 13, 2007 investigation; 30 TAC §290.51(a)(3) and TWC, §5.702, by failing to remit all Public Health Service (PHS) annual and late fees to the commission in a timely manner as documented during a record review conducted on April 25, 2007; PENALTY: $1,730; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(5) COMPANY: E.I. Du Pont De Nemours and Company dba Du Pont Sabine River Works; DOCKET NUMBER: 2004-1135-MLM-E; TCEQ ID NUMBER: RN100542711; LOCATION: 3055 Farm-to-Market Road 1006, Orange, Orange County, Texas; TYPE OF FACILITY: chemical manufacturing plant with a public water system; RULES VIOLATED: 30 TAC §116.115(b)(2)(F); TCEQ Air Permit Numbers 9176 and 20204, Maximum Allowable Emission Rate Table (MAERT); and THSC, §382.085(b), by failing to comply with an emissions limitation by allowing 11 unauthorized emissions events; 30 TAC §116.115(b)(2)(F); TCEQ Air Permit Number 914, MAERT; and THSC, §382.085(b), by failing to comply with an emissions limitation on June 25, 2003 from 12:28 to 12:37 hours when a Plant wide incident caused an electrical upset resulting in equipment shutdowns which caused several reportable emissions events including the release of 49,050 pounds of propylene from the Propylene Feed Header, Emissions Point Number (EPN) DA01401; 30 TAC §101.201(a)(1) and (1)(B) and (b)(4); and THSC, §382.085(b), by failing to properly notify the TCEQ regional office of reportable emissions events; 30 TAC §101.201(a)(1) and (1)(B); and THSC, §382.085(b), by failing to notify the TCEQ regional office of two reportable emissions events within 24 hours; 30 TAC §116.115(b)(2)(F) and (c); TCEQ Air Permit Number 1790, Special Condition Number 1, MAERT; and THSC, §382.085(b), by failing to maintain an emission rate below the MAERT limits; 30 TAC §117.207(a); and THSC, §382.085(b), by failing to maintain an emission rate below the allowable plant wide oxides of nitrogen (NO_x) limit; 30 TAC §§101.20(1) and (2), 111.111(a)(4)(A) and 115.115(b)(2)(F); TCEQ Air Permit Number 914, Special Conditions Numbers 1, 2 and 4; and THSC, §382.085(b), by failing maintain an emissions rate below the allowable emission limit; 30 TAC §§101.20(1) and (2), 111.111(a)(4)(A), 113.110 and 116.115(c); TCEQ Air Permit Number 1302, Special Condition Number 2; 40 Code of Federal Regulations (CFR) §60.112b(a)(3)(ii) and §61.349(a)(2)(ii); and THSC, §382.085(b), by failing to properly operate a flare; 30 TAC §116.115(b)(2)(F); and THSC, §382.085(b), by failing to comply with an emissions limitation; 30 TAC §111.111(a)(4)(A) and §116.115(b)(2)(F) and (c); TCEQ Air Permit Numbers 1302, 1790, and 9629, General Condition MAERT; and THSC, §382.085(b), by failing to maintain emission rate below the permitted limit; 30 TAC §101.201(a)(1)(B), (2)(H), (b)(4) and (7); and THSC, §382.085(b), by failing to include all required information on the final report of an emissions event; 30 TAC §101.201(a)(2)(H), (b)(4) and (7) and THSC, §382.085(b), by failing to include all required information on the final reports of emissions events; 30 TAC §290.113(f)(5) and THSC, §341.0315(c), by exceeding the Maximum Contaminant Level of 0.060 milligrams per liter (mg/L) based on a running annual average for haloacetic acids (HAA5) during the First Quarter 2004; 30 TAC §116.115(b)(2)(F) and (c) and THSC, §382.085(b), by failing to maintain an emission rate below the allowable emission limits; 30 TAC §116.115(b)(2)(F); TCEQ Air Permit Number 9176, Emission Standard Number 1; and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §101.201(a)(1)(B), and THSC, §382.085(b), by failing to properly notify the TCEQ regional office of a reportable emissions event with 24 hours; 30 TAC §101.201(b)(7) and (8), and THSC, §382.085(b), by failing to comply with the final record requirements for an emissions event; 30 TAC §116.115(b)(2) and (2)(F); TCEQ Air Permit Number 1302, General Condition No. 8; and THSC, §382.085(b), by failing to maintain an emission rate limit; 30 TAC §116.115(b)(2)(F); TCEQ Permit Number 20204, Special Condition 1; and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §101.201(a)(2)(H) and (b)(4) and THSC, §382.085(b), by failing to properly identify the authorized emissions limits for the compounds released during an emissions event occurring November 28 - 30, 2003; 30 TAC §116.115(b); TCEQ Air Permit Number 1302, General Condition B MAERT; and THSC, §382.085(b), by failing to properly report an emissions event that began on November 28, 2003; THSC, §382.085(b), by failing to prevent the release of unauthorized emissions at the D-Unit; 30 TAC §§101.20(2), 111.111(a)(4)(A) and 116.115(b)(2)(F) and (c); TCEQ Air Permit Number 914 Special Conditions Numbers 1, 2, and 4; 40 CFR §61.349(a)(2)(iii); and THSC, §382.085(b), by failing to maintain an emissions rate below the authorized emission rate for an emissions event that occurred on October 20, 2003; 30 TAC §115.352(2) and §116.115(c); TCEQ Air Permit Number 914 Special Condition Number 15.I; and THSC, §382.085(b), by failing to repair 72 components (valves) in volatile organic compound (VOC) service during the April 23 - May 27, 2003 shutdown; 30 TAC §113.110 and THSC, §382.085(b), by failing to use an approved United States Environmental Protection Agency (EPA) method to determine the concentration of substances in the cooling water of the Adiponitrile (ADN) unit; 30 TAC §305.125(1); TCEQ Water Quality Permit Number 00475, Texas Pollutant Discharge Elimination System (TPDES) Permit Number 00475 Effluent Limitations and Monitoring Requirement Number 1; and National Pollutant Discharge Elimination System (NPDES) Permit Number TX0006327, by failing to comply with effluent limits for outfalls 101A and 201A; and TWC, §26.121(a); and NPDES Permit Number TX0006327, Effluent Limitations and Monitoring Requirements, by failing to comply with the permit limit for pH range excursions for more than 60 minutes at outfall 001; PENALTY: $176,575; Supplemental Environmental Project offset amount of $88,287 applied to Ducks Unlimited; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(6) COMPANY: Fincher Brothers, Inc.; DOCKET NUMBER: 2004-1989-WQ-E; TCEQ ID NUMBER: RN104319249; LOCATION: 5500 Jessica Lane, Mansfield, Tarrant County, Texas; TYPE OF FACILITY: sand quarry; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(a), by failing to obtain authorization to discharge storm water associated with industrial activity to water in the state through an individual permit or the Multi-Sector General Permit; PENALTY: $7,350; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: John Popma dba Marketing Interface Company; DOCKET NUMBER: 2004-0083-IHW-E; TCEQ ID NUMBERS: 37333 and RN103146049; LOCATION: East Mountain Road and Municipal Drive in East Mountain, Upshur County, Texas; TYPE OF FACILITY: facility that refurbishes and resells electroplating equipment; RULES VIOLATED: 30 TAC §§335.62, 335.431(c), 335.503(a)(4), and 335.513, by failing to complete waste classification, hazardous waste determination, and land disposal restrictions on each solid waste generated; 30 TAC §335.6(c), by failing to update the Facility's Notice of Registration (NOR) and thereby notify the executive director of the generation of hazardous waste; 30 TAC §335.2(b) and §335.10(a), by failing to properly manifest, transport, and dispose of industrial hazardous waste at a permitted facility; 30 TAC §335.9(a)(1), by failing to maintain records of all hazardous waste and industrial solid waste activities regarding the quantities generated, stored, processed, and disposed of onsite or shipped offsite for storage, processing, or disposal; 30 TAC §§335.474, 335.479, and 336.69(a)(4)(A), and 40 CFR §265.16 and 40 CFR Part 265, Subchapter D, by failing to maintain records that document personnel training activities, a contingency plan and a pollution prevention plan; PENALTY: $4,254; STAFF ATTORNEY: Alfred Oloko, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(8) COMPANY: Lajuna, Inc.; F.A.H.U. Inc.; and Hugo Estrada; DOCKET NUMBER: 2001-0713-PST-E; TCEQ ID NUMBER: RN101746683; LOCATION: 3013 5th Street, Stafford, Fort Bend County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.242(9) and THSC, §382.085(b), by failing to conspicuously post operating instructions on the front of each dispenser located at the station which is equipped with a Stage II vapor recovery system; 30 TAC §115.246(4) and THSC, §382.085(b), by failing to maintain and provide documentation at the station showing attendance and completion of Stage II training for each trained employee or representative; 30 TAC §115.244(1) and THSC, §382.085(b), by failing to conduct daily inspections of the Stage II vapor recovery system; 30 TAC §115.244(3) and THSC, §382.085(b), by failing to conduct monthly inspections of the Stage II vapor recovery system; 30 TAC §115.246(3) and THSC, §382.085(b), by failing to maintain a record of all maintenance performed on the Stage II vapor recovery system; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to conduct annual pressure decay testing on the Stage II vapor recovery system; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor USTs for releases at a frequency of at least once every month; 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to conduct monthly monitoring of the UST piping system; 30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475(a), by failing to test and inspect the line leak detectors connected to the UST system; 30 TAC §37.815(a) and (b), by failing to demonstrate the required financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of USTs; and 30 TAC §334.7(d)(3), by failing to amend, update, or change the UST registration information in order to reflect current release detection information within 30 days of the date on which the owner and/or operator became aware of the change or addition; PENALTY: $600; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(9) COMPANY: Newell Recycling of San Antonio, L.P., Newell Recycling Co., Inc., Newell LTD., Newell Enterprises, Inc., Newell Products, Inc., and Newell International, Inc.; DOCKET NUMBER: 2004-0014-MLM-E; TCEQ ID NUMBERS: BG-0149-O; 30060; BG-0147-S; 38632; BG-0293-G; BG-1092-L; RN102923976 and RN102601804; LOCATION: 726 Probandt Street and 501 Steves Avenue, San Antonio, Bexar County, Texas; TYPE OF FACILITY: scrap metal shredding and recycling, shredder residue reclamation, metal sorting, lead battery recovery; RULES VIOLATED: 30 TAC §335.4, by allowing the collection, storage, handling, processing or disposal of industrial solid waste in such a manner as to cause a discharge or the imminent threat of a discharge into or adjacent to water in the state, the creation and maintenance of a nuisance, and/or the endangerment of the public health and welfare; TWC, §26.121, by discharging "other" waste and/or "industrial" waste into or adjacent to water in the state and/or engaging in activity which in itself or in conjunction with any other discharge or activity causes, continues to cause, or will cause pollution of water in the state; 30 TAC §101.4, by discharging air contaminants that are or may tend to be injurious to or to adversely affect human health or welfare and property, and which interfere with the normal use and enjoyment of property; THSC, §382.085(a) and (b), by emitting air contaminants or performing other activities that have caused or contributed to air pollution and by emitting air contaminants or performing other activities in violation of commission rules; TCEQ Order Docket Number 1998-0235-MLM-E, Provision IV.B.1, by releasing visible emissions from the shredder in excess of 5% opacity for any six-minute period; and TWC, §26.121, by discharging industrial solid waste into or adjacent to the waters in the state; PENALTY: $85,000; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(10) COMPANY: Parker County's Squaw Creek Downs, L.P.; DOCKET NUMBER: 2003-1240-MLM-E; TCEQ ID NUMBER: RN103005526; LOCATION: 130 Trinity Meadows Lane, Willow Park, Parker County, Texas; TYPE OF FACILITY: horse racing and stable service operation; RULES VIOLATED: TWC, §26.121(a), by causing an unauthorized sewage discharge from its sewer system; 30 TAC §321.47(b)(3), by failing to construct and manage waste control facilities and land application areas to protect surface and groundwater and prevent nuisance conditions; and 30 TAC §111.201, by conducting unauthorized outdoor burning of waste; PENALTY: $5,350; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: Southwood Estates, Inc.; DOCKET NUMBER: 2001-1422-MWD-E; TCEQ ID NUMBER: 12780-001; LOCATION: approximately 1900 feet north of State Highway 6 and two miles east of the intersection of State Highway 6 and State Highway 288 near Manvel, Brazoria County, Texas; TYPE OF FACILITY: wastewater treatment; RULES VIOLATED: TCEQ Agreed Order, Docket Number 1998-0219-MWD-E, Ordering Provisions 2.c.-2.g., by failing to properly operate and maintain all facilities and systems of treatment and control which are installed or used to achieve compliance with the permit conditions; 30 TAC §305.125(1) and (5), by failing to prevent the unauthorized discharge of wastewater from the northwest corner of the aeration basin; 30 TAC §305.125(1) and §319.7(d), and TPDES Permit Number 12780-001, Monitoring and Reporting Requirements 1, by failing to submit discharge monitoring reports by the 20th day of the following month; and 30 TAC §305.125(1), and TPDES Permit Number 12780-001, Requirements Applying to All Sewage Sludge Disposed in a Municipal Solid Waste Landfill G, by failing to submit an annual sludge report; and 30 TAC §305.125(1), by failing to comply with permitted effluent limits; PENALTY: $72,000; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

TRD-200803113

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 17, 2008

Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 28, 2008. The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 28, 2008 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Elton W. Thompson dba Peterson Place Subdivision Water System; DOCKET NUMBER: 2004-0320-PWS-E; TCEQ ID NUMBER: 101199339; LOCATION: 2732 County Road 603, Dayton, Liberty County, Texas; TYPE OF FACILITY: operates, for compensation, equipment and facilities, for the transmission, storage, distribution, sale or provision of potable water to the public; RULES VIOLATED: 30 TAC §290.45(b)(1)(A)(i) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to meet the TCEQ Minimum Water System Capacity Requirements of a well capacity of 1.5 gallons per minute production (gpm); 30 TAC §291.101(a) and Texas Water Code (TWC), §13.242(a), by failing to obtain from the TCEQ a Certificate of Public Convenience and Necessity (CCN); 30 TAC §290.109(c)(2) and §290.122 and THSC, §341.033(d), by failing to collect bacteriological samples and provide public notice of the violations; 30 TAC §290.46(m), by failing to ensure that the maintenance and housekeeping practices used by the facility ensured the good working condition for the facility equipment; 30 TAC §290.44(d)(4), by failing to provide accurate metering devices at each service connection to provide water usage data; 30 TAC §290.43(d)(2) and §290.45(b)(1)(A)(iii) and THSC, §341.0315(c), by failing to meet the TCEQ's Minimum Water System Capacity Requirements of a pressure tank capacity of 50 gallons per connection PENALTY: $8,327; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(2) COMPANY: Esperanza Carrasco dba El Pabellon; DOCKET NUMBER: 2004-0402-PST-E; TCEQ ID NUMBER: RN102429632; LOCATION: Highway 67 and Harrington, Presidio County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(a)(1)(A) and TWC, §26.3475(c)(1), by failing to have a release detection method capable of detecting a release from any portion of the USTs which contain regulated substances; 30 TAC §334.8(c)(5)(C), by failing to permanently tag, label, or mark the USTs with an identification number listed on the underground storage tank (UST) registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i), by failing to make available a valid current TCEQ Fuel Delivery Certificate to a common carrier prior to receiving fuel deliveries from April 1 - October 22, 2003; 30 TAC §334.50(d)(1)(B)(ii) and TWC, §26.3475(c)(1), by failing to reconcile the inventory control records on a monthly basis which are sufficiently accurate to detect a release as small as the sum of 1% of the total substance flow-through for the month plus 130 gallons; PENALTY: $56,500; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(3) COMPANY: Hadi H. Jinnah dba Dairy Mart 2; DOCKET NUMBER: 2004-0625-PST-E; TCEQ ID NUMBER: RN102473907; LOCATION: 5112 West Davis Street, Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii) and (iii)(I); TWC, §26.3475(a), by failing to meet the release detection requirements for the UST system; 30 TAC §334.10(b)(1)(B), by failing to maintain in a secure location on the premises of the UST facility legible copies of all required records pertaining to an UST system immediately accessible for reference and use by the UST system operator, and immediately available for inspection upon request by agency personnel; PENALTY: $8,840; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: James Jennings dba Jennings Conoco & Auto; DOCKET NUMBER: 2004-1977-PST-E; TCEQ ID NUMBER: RN102047487; LOCATION: 901 Hall Avenue, Littlefield, Lamb County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $950; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Lubbock Regional Office, 5012 50th Street, Suite 100, Lubbock, Texas 79414-3520, (806) 796-7092.

(5) COMPANY: Oldmoc, Inc. dba Time Saver Grocery; DOCKET NUMBER: 2004-0536-PST-E; TCEQ ID NUMBERS: 40316 and RN101790608; LOCATION: 13712 Walters Road, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §§334.74(2)(A), 334.77(b), 334.78, 334.80(a)(3) and (4), and TWC, §26.121(a), by failing to prevent an unauthorized discharge of hydrocarbons into or adjacent to waters of the state, and failing to conduct release investigation and confirmation steps, the initial abatement steps, site assessment, and corrective action activities; and 30 TAC §334.72(1) and §334.76(1), by failing to report a release to the agency within 24 hours of discovery; PENALTY: $13,500; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

TRD-200803112

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 17, 2008

Notice of Radioactive Material License

The following notice was issued on June 11, 2008.

The following require the applicants to publish notice in a newspaper. Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, TX 78711-3087, WITHIN 10 DAYS FROM THE DATE THIS NOTICE IS PUBLISHED IN THE TEXAS REGISTER WHICH IS JUNE 27, 2008.

INFORMATION SECTION

NOTICE OF MINOR AMENDMENT OF RADIOACTIVE MATERIAL LICENSE NO. R01811

Nuclear Sources & Services, Inc., P.O. Box 34042, Houston, TX 77234, has applied to the Texas Commission on Environmental Quality (TCEQ) for an amendment of Radioactive Material License No. R01811 which authorizes radioactive waste processing and storage. The amendment application request 1) changes the syntax and references to reflect the change from being licensed by the Department of State Health Services (DSHS) to TCEQ, 2) removes the Administrative Renewal conditions (which is not required for TCEQ licenses), and 3) adds a condition requiring fingerprinting and criminal history records check requirements for unescorted access to certain radioactive material as mandated by Nuclear Regulatory Commission (NRC) order EA-07-305. The facility is located at 5711 Etheridge, Houston, in Harris County, Texas. The application was submitted to the TCEQ on March 24, 2008. The TCEQ Executive Director has completed the technical review of the amendment request and prepared an amended draft license. The draft license 1) changes the authority of the license and its format from the DSHS to the TCEQ, 2) removes the administrative renewal conditions, 3) imposes fingerprinting and criminal history records check requirements for unescorted access to certain radioactive material, 4) adds extra conditions required for all TCEQ permits as stated in Title 30 of the Texas Administrative Code (TAC) §305.125, and 5) changes references to Title 25 TAC Chapter 289 to the corresponding reference in Title 30 TAC Chapter 336, except for transportation of radioactive material, which remains in 25 TAC Chapter 289. The license amendment request, the Executive Director's technical summary, and amended draft license are available for viewing and copying at the TCEQ's central office in Austin, Texas and at the Mancuso Public Library, 6767 Bellfort, Houston, TX 77087.

PUBLIC COMMENT / PUBLIC MEETING

You may submit public comments or request a public meeting about this application.

The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ holds a public meeting if the Executive Director determines that there is a significant degree of public interest in the application. A public meeting is not a contested case hearing. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant material or significant public comments.

EXECUTIVE DIRECTOR ACTION

The Executive Director may issue final approval of the minor amendment after consideration of all timely comments submitted on the application.

MAILING LIST

If you submit public comments, you will be added to the mailing list for this specific license to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and license number; and/or (2) the mailing list for a specific county. If you wish to be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.

All written public comments and requests must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 within 10 days from the date this notice is published in the Texas Register which is June 27, 2008.

AGENCY CONTACTS AND INFORMATION

If you need more information about this license application or the licensing process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. Si desea información en Español, puede llamar al 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us. Further information may also be obtained from Nuclear Sources and Services, Inc. at the address stated above or by contacting Sal Benavidez at (713) 641-0391.

If you need more information about these permit applications or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.

TRD-200803153

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 18, 2008

Notice of Water Quality Applications

The following notices were issued during the period of June 5, 2008 through June 12, 2008.

The following require the applicants to publish notice in a newspaper. Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.

INFORMATION SECTION

AQUA DEVELOPMENT INC. has initiated a minor amendment of the Texas Pollutant Discharge Elimination System (TPDES) permit WQ0014279001 issued to Aqua Development, Inc. to remove Other Requirements provision number six on page 23 of the existing permit, which is in regards to daily operator inspection of the facility. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The facility is located approximately 1.10 miles north of the intersection of State Highway 288 and Farm-to-Market Road 1462 in Brazoria County, Texas.

CITY OF HOUSTON has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit WQ0010495149 to authorize sludge transport to the City of Houston Wastewater Treatment Facilities. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility is located approximately 1,100 feet north of Hamblen Road, approximately 2,750 feet east of the intersection of U.S. Highway 59 and State Highway 494, and 4,400 feet south of the Montgomery-Harris County Line in Harris County, Texas.

CITY OF THREE RIVERS has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0010301002, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility will be located approximately 4,400 feet north from the intersection of State Highway 72 and Avenida Guadalupe to its terminus and adjacent to the Union Pacific railroad in Live Oak County, Texas.

GEO SPECIALTY CHEMICALS INC which operates the Deer Park Site plant, an organic chemicals manufacturing facility, has applied for a major amendment to TPDES Permit No. WQ0002558000 to authorize the modification of hexachlorobenzene (HCB) single grab limit to match the minimum analytical limit and removal of the daily average and daily maximum effluent loading limits, reduction of the monitoring frequencies for biochemical oxygen demand (5-day), ammonia nitrogen, and total suspended solids from twice per week to once per week, reduction of the monitoring frequency for oil and grease from twice per week to twice per month, reduction of the monitoring frequency for total cyanide from twice per month to once per month, reduction of the monitoring frequency for biomonitoring from once per six month to once per year and quarterly biomonitoring to twice per year, authorization of the discharge of water softener regeneration backwash and sand filter blowdown streams via Outfall 002, addition of new permit condition stating that analytical results that are below the minimum analytical limits can be reported as zero on the Discharge Monitoring Report, to modify discharge via Outfall 002 to require visual check for the presence of visible oil or sheen, and the removal of yearly monitoring requirements for total phosphorus at Outfalls 001 and 002. The current permit authorizes the discharge of treated process wastewater, domestic wastewater, cooling tower blowdown, boiler blowdown, and water softener regeneration at a daily average flow not to exceed 50,000 gallons per day via Outfall 001; and stormwater runoff and utility wastewaters from the nitroparaffins (cooling tower blowdown, boiler blowdown, and spray-down of the cooling tower) on an intermittent and flow variable basis via Outfall 002. The facility is located on the west side of State Highway 134 (Battleground Road), approximately one mile north of the intersection of State Highway 134 and State Highway 225 (Pasadena Highway) in the City of Deer Park, Harris County, Texas.

GEORGIA GULF CHEMICALS AND VINYLS LLC which operates the Pasadena Plant, an organic chemical manufacturing plant that produces cumene, phenol, and acetone as its primary products, has applied for a renewal of TPDES Permit No. WQ0002067000 which authorizes the discharge of cooling tower blowdown, boiler blowdown, steam system blowdown, and storm water at a daily maximum flow not to exceed 320,000 gallons per day via current Outfall 001; cooling tower blowdown, boiler blowdown, steam system blowdown, and storm water at a daily maximum dry weather flow not to exceed 320,000 gallons per day via new Outfall 001 (upon commingling of Outfalls 001, 002, and 003); storm water on an intermittent and flow variable basis via Outfall 002; storm water from the dock area on an intermittent and flow variable basis via Outfall 003; treated process wastewater, utility waters, and treated domestic sewage at a daily average flow not to exceed 450,000 gallons per day via Outfall 004; cooling tower blowdown, steam condensate, and storm water from a lay-down yard at a daily maximum dry weather flow not to exceed 500,000 gallons per day via Outfall 005; and storm water on an intermittent and flow variable basis via Outfall 006. The facility is located at 3503 Pasadena Freeway, on the south bank of the Houston Ship Channel, approximately 7,500 feet north of State Highway 225 in the City of Pasadena, Harris County, Texas.

GULF COAST UTILITY CO INC has applied for a renewal of TPDES Permit No. WQ0012780001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility is located approximately 1,900 feet north of State Highway 6 and 2 miles west of the intersection of State Highway 6 and State Highway 288 in Brazoria County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO 148 has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0011818003, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility will be located 1,400 feet south of the intersection of Greensbrook Forest Drive and Greenspark Lane, 2,800 feet west of Lockwood Road in Harris County, Texas.

H&R REALTY INVESTMENTS LLC has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0012680001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 12,000 gallons per day. The facility is located at 3318 County Road 89, approximately 1 1/3 miles southwest of the intersection of Farm-to-Market Road 1128 and Farm-to-Market Road 518 in Brazoria County Texas.

ORBIT SYSTEMS INC has applied for a renewal of TPDES Permit No. WQ0012113001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located at 7132 Green Tree Drive, approximately 0.5 miles west of State Highway 288, and approximately 3.5 miles north of the City of Angleton in Brazoria County, Texas.

PALMER PLANTATION MUNICIPAL UTILITY DISTRICT NO 1 has applied for a renewal of TPDES Permit No. WQ0012937001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The facility is located approximately 6,000 feet south-southeast of the intersection of State Highway 6 and Senior Road, 2.2 miles southeast of the intersection of State Highway 6 and Farm-to-Market Road 1092 (Stafford-De Walt Road), south of the City of Missouri City in Fort Bend County, Texas.

STEPHEN F. AUSTIN STATE UNIVERSITY has applied for a renewal of TPDES Permit No. WQ0013161001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located at 336 County Road 473 and approximately 5,000 feet south-southwest of the intersection of Farm-to-Market Roads 705 and 3127 in San Augustine County, Texas.

VOPAK LOGISTICS SERVICES which operates the Vopak Logistics Services USA Inc. plant, a rail car/tank truck cleaning operation and commercial waste disposal facility, has applied for a renewal of TPDES Permit No. WQ0001731000, which authorizes the discharge of treated process wastewater, treated domestic wastewater and storm water at a daily average flow not to exceed 300,000 gallons per day via Outfall 001. The facility is located at 2759 Battleground Road in the City of Deer Park, Harris County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council and has determined that the action is consistent with the applicable CMP goals and policies.

VOPAK TERMINAL DEER PARK INC which operates a bulk liquid storage transhipment terminal, has applied for a renewal of TPDES Permit No. WQ0002383000, which authorizes the discharge of stormwater on an intermittent and flow variable basis. The facility is located at 2759 Battleground Road (State Hwy. 134) in the City of Deer Park, Harris County, Texas.

TRD-200803152

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 18, 2008

Department of State Health Services

Notice of Planned Changes in the Special Supplemental Nutrition Program for Women, Infants and Children

The Department of State Health Services (department), as administrator for the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), is soliciting information on the impact to businesses or persons of the planned changes to the WIC Program's food packages.

The WIC Program operates under federal guidelines issued by the United States Department of Agriculture (USDA). USDA revisions to the WIC food packages were published in the Federal Register by an interim final rule December 6, 2007. While most of the revisions are mandatory, the department has some discretion in the implementation of the new food packages.

The department is considering the following changes to the WIC foods which will be implemented August 1, 2009:

-choosing not to offer sardines and mackerel in the fish category, but offering tuna and salmon;

-choosing not to offer dried fruits and vegetables in the fruits and vegetables category, but offering fresh, frozen, and canned fruits and vegetables; and

-choosing not to offer bulgur and barley in the whole grain category, but offering corn and whole wheat tortillas and brown rice.

Businesses or persons who anticipate an adverse economic impact as a result of these choices may provide the department with information by describing the financial impact, including one-time costs and on-going annual costs. In addition, businesses should identify themselves by Type as follows: Type 1 (for-profit, independently owned and operated, and fewer than 21 employees); Type 2 (for-profit, independently owned and operated, fewer than 100 employees or less than $6 million in annual gross receipts); or Type 3 (Not Type 1 or 2).

Information may be submitted by letter to Valerie Wolfe, Policy Coordinator, Nutrition Services Section, Mail Code 1933, 1100 West 49th Street, Austin, Texas 78756 or by email to Valerie.Wolfe@dshs.state.tx.us or by fax to (512) 458-7746, Attention: Valerie Wolfe. Responses must be received by 5:00 p.m. Central Daylight Saving Time, on July 18, 2008.

TRD-200803102

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: June 17, 2008

Texas Department of Housing and Community Affairs

Request for Proposals for Bond/Securities Disclosure Counsel

SUMMARY. The Texas Department of Housing and Community Affairs (TDHCA), through its Legal Services Division, is issuing a Request for Proposals (RFP) for outside Bond/Securities Disclosure Counsel. Bond/Securities Disclosure Counsel will provide legal services in connection with the issuance of TDHCA's bonds, notes, and other obligations of TDHCA to finance or refinance residential housing and multifamily housing developments and to refund prior bond issues.

DEADLINE FOR SUBMISSION. The deadline for submission in response to the Request for Proposals is 4:00 p.m., Central Daylight Saving Time, Friday, July 11, 2008. No proposal received after the deadline will be considered.

TDHCA reserves the right to accept or reject any (or all) proposals submitted. The information contained in this proposal request is intended to serve only as a general description of the services desired by TDHCA, and TDHCA intends to use responses as a basis for further negotiation of specific project details with offerors. This request does not commit TDHCA to pay for any costs incurred prior to the execution of a contract and is subject to availability of funds. Issuance of this request for proposals in no way obligates TDHCA to award a contract or to pay any costs incurred in the preparation of a response.

Law firms interested in submitting a proposal should contact Mr. Kevin Hamby, General Counsel, at (512) 475-3948, 221 East 11th Street, Austin Texas 78701 or visit our website at www.tdhca.state.tx.us, for a complete copy of the RFP. Communication with any member of the board, the executive director, or TDHCA staff other than Mr. Hamby or his assistant, concerning any matter related to this request for proposals is grounds for immediate disqualification.

TRD-200803148

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 18, 2008

Texas Department of Insurance, Division of Workers' Compensation

Correction of Error

The Texas Department of Insurance, Division of Workers' Compensation proposed amendments to 28 TAC §134.402, concerning Ambulatory Surgical Center Fee Guideline, for publication in the June 13, 2008, issue of the Texas Register (33 TexReg 4614).

The preamble to the proposed amendment contains the following errors as submitted by the Division.

On page 4618, right column, 4th paragraph, last sentence, the word "employee's" should be plural to read "employees'."

The sentence should read as follows: "This concept is replicated in the proposed amended ASC reimbursement methodologies to assure that costs of implantable devices are not a barrier to injured employees' access to services in an ASC facility setting."

On page 4621, right column, 2nd paragraph, last sentence, the word "with" was left out of the first part of the sentence.

The sentence should read as follows: "Therefore, even though ASC facility reimbursement rates are proposed to be increased, with the relatively small ASC volume combined with possible net savings from relocation of services to the less costly ASC setting, it is unlikely that premium costs will be negatively impacted in any significant amount."

TRD-200803155

Texas Lottery Commission

Instant Game Number 1051 "$75,000 Casino"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1051 is "$75,000 CASINO". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1051 shall be $7.00 per ticket.

1.2 Definitions in Instant Game No. 1051.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 10X SYMBOL, $10.00, $15.00, $20.00, $40.00, $50.00, $100, $500, $2,000, and $75,000.

D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

FIGURE 1: GAME NO. 1051 - 1.2D

E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.

F. Low-Tier Prize - A prize of $10.00, $15.00 or $20.00.

G. Mid-Tier Prize - A prize of $50.00, $100 or $500.

H. High-Tier Prize - A prize of $2,000 or $75,000.

I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1051), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 1051-0000001-001.

K. Pack - A pack of "$75,000 CASINO" Instant Game tickets contains 075 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of 001 and front 075.

L. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "$75,000 CASINO" Instant Game No. 1051 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "$75,000 CASINO" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the player wins the PRIZE shown for that number. If a player reveals a 10X SYMBOL, the player wins 10 (ten) TIMES the PRIZE shown. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 45 (forty-five) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 45 (forty-five) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 45 (forty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. The "10X" (10 times multiplier) play symbol will only appear once on intended winning tickets and only as dictated by the prize structure.

C. No five or more matching non-winning prize symbols will appear on a ticket.

D. No duplicate WINNING NUMBERS play symbols on a ticket.

E. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.

F. Non-winning prize symbols will never be the same as the winning prize symbol(s).

G. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 20 and $20).

H. The top prize symbol will appear on every ticket unless otherwise restricted.

2.3 Procedure for Claiming Prizes.

A. To claim a "$75,000 CASINO" Instant Game prize of $10.00, $15.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "$75,000 CASINO" Instant Game prize of $2,000 or $75,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "$75,000 CASINO" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General;

3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "$75,000 CASINO" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "$75,000 CASINO" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000 tickets in the Instant Game No. 1051. The approximate number and value of prizes in the game are as follows:

FIGURE 2: GAME NO. 1051 - 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1051 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1051, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200803123

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 18, 2008

Instant Game Number 1077 "Boot Scootin' Bucks"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1077 is "BOOT SCOOTIN' BUCKS". The play style is "key number match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1077 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 1077.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

FIGURE 1: GAME NO. 1077 - 1.2D

F. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $5.00, $6.00, $10.00 or TX TWO STEP $1 TKT.

G. Mid-Tier Prize - A prize of $50.00.

H. High-Tier Prize - A prize of $1,000.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1077), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 150 within each pack. The format will be: 1077-0000001-001.

K. Pack - A pack of "BOOT SCOOTIN' BUCKS" Instant Game tickets contains 150 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One ticket will be folded over to expose a front and back of one ticket on each pack. Please note the books will be in an A, B, C and D configuration.

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BOOT SCOOTIN' BUCKS" Instant Game No. 1077 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule, §401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "BOOT SCOOTIN' BUCKS" Instant Game is determined once the latex on the ticket is scratched off to expose 11 (eleven) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to the WINNING NUMBER play symbol, the player wins the PRIZE shown for that number. If winning prize symbol is "FREE", the player wins free $1 Texas Two Step® Quick Pick ticket. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 11 (eleven) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 11 (eleven) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 11 (eleven) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 11 (eleven) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.

B. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.

C. No duplicate non-winning prize symbols on a ticket.

D. Non-winning prize symbols will never be the same as the winning prize symbol(s).

E. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 10 and $10).

2.3 Procedure for Claiming Prizes.

A. To claim a "BOOT SCOOTIN' BUCKS" Instant Game prize of $1.00, $2.00, $3.00, $5.00, $6.00, $10.00, TX TWO STEP $1 TKT or $50.00, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $50.00 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "BOOT SCOOTIN' BUCKS" Instant Game prize of $1,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "BOOT SCOOTIN' BUCKS" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.